E-Paper
Kerala HC rejects Cardinal’s plea to exempt personal appearance in land deal case
The Kerala high court said the Arch Bishop, irrespective of his position, is just an accused before the court of law and is not entitled to claim any special privilege
The Kerala high court on Wednesday rejected the plea of Arch Bishop of Syro-Malabar church, Cardinal George Alancherry seeking to exempt him from personal appearance in the trail court in a case related to selling of church land and alleged cheating.
The case was filed by a believer in 2018 alleging that the Cardinal and other accused entered into a criminal conspiracy and sold property belonging to the Angamally-Ernakulam archdiocese at a throwaway price incurring huge loss to the church. The incident also created a division among believers in the archdiocese, considered to be the richest in the country.
A single bench of Justice Ziyad Rahman rejected his plea to exempt him from personal appearance and asked him to appear in the trail court in Kochi. The Arch Bishop sought exemption in view of his age and also argued that as a religious head he was required to carry out several functions in the church and outside. But the court said it cannot set precedents in such cases.
“Irrespective of his position, he is just an accused before the court of law and he is not entitled to claim any special privilege and is required to face proceedings just like any other citizen,” the court observed while rejecting his plea. Earlier, the judicial first class magistrate court in Kakkanad had also rejected his petition in this regard.
The case came to light in 2018 when one Shine Varghese, a believer, moved the high court seeking an inquiry into the land deals conducted by Alancherry. Though a single bench of the high court in 2018 ordered police to register a case against him after preliminary inquiry, it was delayed prompting the court to pull up the police. Later, the income tax department slapped a fine of ₹3. 5 crore on the diocese on charges of tax default and undervaluation of property.
The petitioner alleged that 60 cents of prime land (100 cents is one acre) in Kochi was disposed at a throwaway price. While the sale deed in the case was finalised without any payment, the property was also allegedly undervalued to evade taxes, he said. Moreover, the difference (due to undervaluation) in amount was not deposited in the account of the diocese which ultimately lost ₹60 crore in the deal, he alleged.
Six cases were filed against him under Sections 406 (criminal breach of trust), 120 B (criminal conspiracy) and 423 (fraudulent execution of deed and cheating) of the Indian Penal Code.
The diocese said it will react only after going through the verdict in detail. Cardinal George Alancherry is the senior most Catholic priest of the country.
